City of Hammond v. Schappi Bus Line, Inc.,
275 U.S. 164 (1927)

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U.S. Supreme Court

City of Hammond v. Schappi Bus Line, Inc., 275 U.S. 164 (1927)

City of Hammond v. Schappi Bus Line, Inc.

No. 67

Argued October 25, 26, 1927

Decided November 21, 1927

275 U.S. 164


1. In a suit in the federal courts to enjoin enforcement of a city ordinance, its validity under the federal Constitution is not properly to be considered if it be found void under the state law, and questions involving the application of that law should be discussed and determined by the two courts below preliminary to their consideration here. P. 275 U. S. 169.

2. Before novel and important questions of constitutional law in a suit in the lower federal courts are passed upon by this Court, the facts essential to their decision should be found by those courts upon adequate evidence; this Court will not attempt to find the facts from an inadequate record consisting of pleadings and affidavits used on an application for a temporary injunction. P. 275 U. S. 171.

3. When a suit to enjoin enforcement of a city ordinance has gone no farther in the district court than an order overruling an application for a preliminary injunction based on pleadings and affidavits, and reaches the circuit court of appeals by appeal from that order, it is not ripe for final disposition by a decree of the latter court directing a permanent injunction. P. 275 U. S. 172.

4. Under the circumstances, without costs to either party, the decree of the circuit court of appeals directing a permanent injunction is modified by directing an injunction pending the suit, and by remanding the cause to the district court for proceedings on final hearing with liberty to allow amendment of pleadings. P. 275 U. S. 172.

11 F.2d 940 modified.

Certiorari, 273 U.S. 675, to a decree of the Circuit Court of Appeal rendered on appeal from an order of the

Page 275 U. S. 165

district court overruling an application for an interlocutory injunction in a suit to restrain the city from enforcing against the petitioner an ordinance concerning the operation of motor busses. The circuit court of appeals reverse the district court and directed a decree granting the injunction, without specifying its scope. Compare City of Hammond v. Farina Bus Line, post, p. 275 U. S. 173.

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